Cross-Whitehall review of statutory duties: Q&A

What is a local authority statutory duty? It is something that a local authority must do, rather than something they can choose whether to do or not. To give an example, Section 151 of the Local Government Act 1972 requires local authorities to employ a Chief Financial Officer; therefore all local authorities have a duty to employ someone to this position.

How has this list been compiled? We have asked other government departments to provide us with chronological details of the duties placed on local authorities through legislation (including the EU) for which they, or their related public bodies, are responsible. At the same time we have audited legislation for which DCLG is responsible to establish what duties such legislation places on councils. The two spreadsheets provide both DCLG duties and a composite of other government department data.

What criteria were used to include the duties that appear on the list? We are looking at statutory duties – ie those placed on a local authority through primary legislation (an Act of Parliament) or through secondary legislation (i.e. regulations, orders). However, given the breadth and scope of legislation that affects local government, it is unlikely that the lists provided are exhaustive.

How is this different from previous, similar exercises? The Coalition Agreement included a commitment to an agenda of decentralisation and to promoting the radical devolution of power and greater financial autonomy to local government and community groups; a critical step in this process is removing unnecessary burdens and restrictions on local authorities. To date, this has included cross government approaches such as Your Freedom and the Open Public Services White Paper and DCLG initiatives such as Cutting Red Tape – which looked across the board at bureaucratic requirements, plus engagement with the local government sector directly through the LGA Productivity and Community Budget Programmes and the Big Society Vanguards which are working to identify specific barriers to action.

These programmes are all contributing to the overall direction of travel; however to date, Government has not attempted to collate a complete list of statutory duties placed on local authorities and to consider the necessity for each duty within the new landscape of decentralisation.

What is the new landscape of decentralisation? In order for this Government to achieve its goal, as announced in the Coalition Agreement, of decentralisation and promoting the radical devolution of power and greater financial autonomy to local government and community groups, clarity is needed about what the current demands on local authorities are and careful consideration as to whether they can continue to be justified in the move towards decentralisation and localism.

**Why isn't there already a record of the Statutory Duties placed on local authorities?**

DCLG, whilst being the central government Department with overall responsibility for local government policy, does not have policy responsibility for all the functions local authorities are currently required to deliver. For example whilst local authorities are responsible for the administration of housing benefit the policy responsibility rests with the Department for Work and Pensions. Similarly, roads and traffic policy rests with the Department for Transport, despite local authorities having responsibility for these areas locally.

Local authorities are creatures of statute; their duties are set out in numerous different Acts of Parliament and virtually every function which they are required to undertake has a duty associated with it. To date, no government has assessed the cumulative burdens statutory duties may impose on local government, and this exercise takes a step towards achieving that.

**Aren’t there some duties missing?**

All departments across Whitehall that use local authorities to deliver services will place requirements upon them to make certain the delivery – or set conditions around the delivery – of these services. The spreadsheets presented here do not claim to be exhaustive; to take the DCLG list as an example building regulations, which are currently being reviewed independently of this exercise have been excluded. The lists also have a bias towards duties imposed by primary legislation rather than by statutory instrument or orders; which is why we are publishing these drafts and seeking comments – to help fill in the gaps.

**What are other government departments doing?**

The Department for Communities and Local Government is co-ordinating this exercise on behalf of Government. Fifteen other government departments and an agency (listed below) have contributed to this review:

- Cabinet Office
- Department for Business Innovation and Skills (BIS)
- Department for Culture Media and Sport (DCMS)
- Department for Energy and Climate Change (DECC)
- Department for Environment, Food and Rural Affairs (DEFRA)
- Department for Education (DfE)
- Department of Health (DH)
- Department for Transport (DfT)
- Department for Work and Pensions (DWP),
- Food Standards Agency (FSA)
- Government Equalities Office (GEO)
- Her Majesty’s Revenue and Customs (HMRC)
- Her Majesty’s Treasury (HMT)
- Home Office (HO)
- Ministry of Justice (MoJ) How can I contribute? From today (7 March 2011) this informal consultation exercise will remain open for 6 weeks (closing 25 April 2011). A ‘webform’ has been designed that sets out a number of questions, on which we would welcome your views. We also have an email address if you would like to contribute general comments burdens@communities.gsi.gov.uk.

What happens to my contribution? DCLG will be analysing the responses received relating to each listed duty, and sharing this analysis across Whitehall before considering alongside other government departments what opportunities are available to repeal those duties identified as no longer necessary.

What are the next steps? Given that these are statutory duties enshrined in legislation, this is not a short term project likely to result in immediate successes achieved but a more considered, long-term review programme. However by the end of this exercise we will have a more comprehensive picture of what the ‘asks’ of local authorities are and thus develop a more informed view of those areas where these duties may no longer be required. The following information has been provided by the Department for Education.

**DfE still retains a large number of duties on local authorities, what action is being taken to reduce them?**

Since the summer of 2010 DfE ministers have been in discussion with the sector to redefine and clarify the role of the local authority in relation to education and children’s services. Many of the burdens identified related to administrative requirements, statutory guidance or secondary legislation which have been removed already.

Some other duties are either already scheduled for repeal in the Education Bill or the Government has confirmed an intention to repeal at the earliest possible opportunity.

DfE is also undertaking a number of policy reviews which may lead to further action to reduce these duties. These reviews include:

- Professor Eileen Munro’s review of child protection which seeks to remove bureaucracy and refocus social workers back to contact with families
- The Review of the Early Years Foundation Stage by Dame Clare Tickell
- The National Curriculum Review Review of adult social care law

Why is the Law Commission / Government reviewing adult social care law?

Adult social care law is in urgent need of reform. The current law is a confusing jumble of conflicting statutes enacted over a period of 60 years, which contain outdated language and discriminatory concepts. This can cause distress for some of the most vulnerable sectors of society.

What is the role of the Law Commission in reforming adult social care law?

The Government recognised that this outdated law is a serious problem and asked the Law Commission to undertake a thorough review. The Law Commission reports to Government and Government will then respond.

When will the Law Commission report to Government?

The Law Commission published its Consultation Paper, containing provisional proposals in February 2010, to which the Government responded. The Government published its response on the DH website.

When did the Law Commission’s public consultation close?

The Law Commission’s consultation closed on 1 July 2010. See the attached link for the Government’s formal response of September 2010: www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_119398.

Who will benefit from the reform of adult social care law?

It is our intention that local authorities, front-line practitioners and those needing care and support will all benefit from a modern statute. The legal framework of adult social care is inadequate, difficult to understand and outdated. There is no single modern statute to which disabled people, carers and social care staff can look to understand what help might be available. In addition, we see a saving to the public purse as clear law should be simpler for local authorities to administer and require less interpretation through the courts.

Where can I find out more about the Law Commission’s Review of Adult Social Care Law?

To find out more about the Law Commission’s review of Adult Social Care please visit the following link: www.lawcom.gov.uk/adult_social_care.htm. Environmental Permitting Regulations 2010 (Regulation 46(4)): Keeping of public registers of regulatory information

Why is there a need for public registers? Information on environmental permitting is made available through public registers for public participation in regulatory decisions. Local authorities’ registers must include information on facilities in their areas regulated by the Environment Agency (EA) and the EA must provide this information to the relevant local authority (regulation 46(6)). This provides transparency on regulatory decisions taken in their area. This duty applies to all of the environmental permitting regimes. All of the others, apart from radioactive substances, are the responsibility of Defra.

What is the CRC Energy Efficiency Scheme (CRC)?

- The CRC Energy Efficiency Scheme is a mandatory scheme to covering large business and public sector organisations, such as all central government departments, universities, retailers, banks, water companies, hotel chains and local authorities.
- The CRC will have a significant impact on reducing UK carbon emissions and offers the potential to save money through energy efficiency.
- It is designed to drive changes in behaviour and infrastructure, generate corporate awareness of emissions and energy usage, capture senior management attention and improve energy management through an emissions trading scheme.
- The scheme is designed to be transparent and fair and cost savings from effective energy management should be significantly greater than any arising from participation in the scheme.
- The scheme is also designed to avoid overlaps with the European Emission Trading Scheme (EU ETS) and Climate Change Agreements (CCAs).

Who is covered by CRC?

- CRC covers large organisations in both the public and private sector.
- The scheme targets the UK energy use emissions attributable to the highest parent organisation including in respect of any subsidiaries of that organisation.

Which local authorities are participating in the CRC? Local authorities (LAs) who during the 2008 qualification year for the introductory phase of the CRC had at least one half hourly meter (HHM) settled on the half hourly market and whose annual HHM electricity use was above 6,000 Mega Watt hours (MWh) (not including electricity used for transport or domestic accommodation) qualified for the CRC scheme. All participating LAs had to register with the scheme administrators the Environment Agency by 30 September 2010. What actions do local authorities participating in the CRC have to undertake?

The obligations on participants LAs are not overly complex they are required to register to be qualified, to create a footprint report once a phase, an annual report each year and to surrender allowances to cover their emissions.

Home Energy Conservation Act (1995)

HECA is to be repealed through the Energy Bill.

Does this mean there will be no requirement for LAs to work on energy efficiency?

No. We expect and will encourage local authorities to develop stretching ambitions to reduce carbon emissions. Local authorities are closely involved in the roll out of three main national energy efficiency programmes, including

- the Local Carbon Frameworks pilot programme
- the Community Energy Saving Programme (CESP)
- the Carbon Emissions Reduction Target (CERT)

Following an invitation from Chris Huhne the Local Government Group (LGG) has submitted an ‘offer’ to DECC on how local and central government can work together to meet our target to cut greenhouse emissions by 80 per cent by 2050 and on policies, including on energy efficiency, that are needed to meet that target. We hope to underpin the ‘offer’ with an MoU between the LGG and DECC shortly.

What will replace HECA?

We believe the Green Deal will deliver the outcome of improved energy efficiency in the housing stock which HECA is no longer able to deliver. We want all local authorities to play a role in the successful implementation of the Green Deal, whether as Green Deal providers in their own right, in forming partnerships with providers in their areas and in encouraging take up across communities.

What is the overall improvement achieved by local authorities under HECA?

The latest reported data from local authorities in England covers the period April 1996 to March 2008. Local authorities reported an overall improvement of approximately 22 per cent to March 2007.

Do you accept that HECA played an important role in driving household energy efficiency?

Yes. HECA was successful in the promotion of household energy efficiency and local authorities have reported making carbon savings as a result. However, we (and two-thirds of the respondents to the 2007 Consultation) consider that it is no longer in itself likely to drive significant improvements going forward. Background HECA requires all UK local authorities with housing responsibilities to prepare an energy conservation report identifying practicable and cost-effective measures likely to result in significant improvement in the energy efficiency of all residential accommodation in their area; and to report on progress in implementing the measures.

Part 2A of the Environmental Protection Act 1990: Legal framework for identification and remediation of contaminated land

What are the objectives of the Part 2A regime? There are four main objectives:

- To identify and remove unacceptable risks to human health and the environment.
- To seek to bring damaged land back into beneficial use.
- To ensure the burdens faced by individuals, companies and society as a whole are proportionate, manageable and economically sustainable.
- For radioactivity, to ensure that the UK complies with its obligations to implement adequately articles 48 and 53 of the basic Safety Standards Directive (Council Directive 96/29/Euratom).

What role do local authorities play in the contaminated land regime? The primary regulatory role under the Part 2A regime rests with local authorities. This includes:

- To cause their areas to be inspected to identify contaminated land. In the case of radioactive contamination this is restricted to circumstances where there are reasonable grounds for believing land may be contaminated by virtue of radioactivity.
- To determine whether any particular site is contaminated land.
- To act as enforcing authority for all contaminated land which is not designated as a “special site”. (The Environment Agency is the enforcing authority for special sites including sites contaminated by radioactivity.)

DECC is responsible for the radioactive aspects of the regime and Defra is responsible for the conventional contamination.

Notification of relevant planning authority of applications under s36 and s37 of the Electricity Act 1989

What is the duty? Relevant planning authorities have to give their views on applications for new generating stations over 50MW. How important is this duty? Very important. It represents one of the ways in which local people are able to express their views on such applications and have a major influence on outcomes.

What powers does this give the local authority? If the planning authority objects, it will trigger a public inquiry into the application.

Are there any plans to amend or revoke this duty? No. This power is required for the reasons set out above. Although the Planning Act has replaced s36 in England and Wales and once the legacy cases are complete, there will be no more applications in England and Wales, the legislation remains in place in Scotland.

European Union Emissions Trading System

What is the EU ETS? The EU Emissions Trading System will be the biggest single policy instrument for reducing emissions in the EU by 2020 and covers installations responsible for nearly 50 per cent of EU GHG emissions. It is one of the key policies introduced by the European Union in 2005 to help meet its greenhouse gas emissions target of 8 percent below 1990 levels under the Kyoto Protocol. The EU ETS targets emissions from electricity generation and the main energy-intensive industries.

What is the purpose of the EU ETS? The EU ETS is designed to reduce greenhouse gas (GHG) emissions at least cost to the economy. It also provides certainty in terms of the level of emissions reductions which will be achieved. By allowing trading between companies it enables the reductions to be made where it is most cost-effective. The current Phase (2008-12) includes 48 per cent of UK CO₂ emissions up from 40 per cent in Phase I (2005-07).

What are the benefits of the EU ETS? Wouldn’t a taxation system work better? The clear benefit of emissions trading over taxation is that it provides certainty over the emissions reduction targets that are achieved; thereby providing credibility in international negotiations. Governments do not know what the correct level of the carbon tax should be, and are likely to undershoot or overshoot in setting the correct incentives. It also allows emissions to be made where it is cheapest to do so. This flexibility reduces the overall cost of reducing emissions.

The EU ETS isn’t working. It needs to be revised. In 2008 the EU Emissions Trading System was significantly revised to make a much greater contribution to tackling climate change. The combination of a more ambitious, EU-wide cap on emissions with an annually declining trajectory to 2020 and beyond; auctioning as the preferred means of allocation; and limited access to project credits from outside the EU will result in many more emission reductions, more predictable market conditions and improved certainty for industry. The changes will take effect from 2013, and there are still many issues to be resolved through further EU processes and national implementation measures.

**Why are Local Authorities covered by the EU ETS?**

Any installation that meets the criteria set out in the Directive is covered by the EU ETS. There are no exemptions for installations operated by Local Authorities. This will ensure that everyone operating an installation with high emissions faces the same incentive to reduce emissions.

**Where to go for further information?**

Further information on the EU Emissions Trading System is available on the DECC and Environment Agency websites. Entry MOJ_012 – Section 3 Juries Act 1974

What is happening regarding the proposal to raise or abolish the upper age limit for jury service?

The Government has been carefully considering the responses to the consultation initiated by the previous Government and hopes to publish its response later in the year.

Entry MOJ_013 – Local Land Charges Act 1975

Has a decision been taken to repeal the duty to keep a local land charge register?

No. We have made an initial assessment that it might be possible to do so. We will review the duty in the light of the comments made in response to the publication of the table of duties by DCLG. Any reform would have to be carefully considered with regard to the interests of all those affected. These include local and other public authorities who use the system, similarly landowners and community groups, buyers and sellers of property, lenders on property, search companies and alternative suppliers of the information. It would also be necessary to consider the Government’s wider Transparency agenda as it affects local authorities and other public bodies, particularly in relation to the storage provision of electronic data to replace manual systems, in respect of environmental and other types of land related information.

What are local land charges and what do authorities have to do?

Local land charges are matters of public interest affecting individual properties designated as local land charges by statute. There are numerous different kinds of charge: for example, tree preservation orders, road adoption agreements and planning conditions. The local land charge register is kept by relevant local authorities, typically district and unitary authorities, and records local land charges affecting a property. Local land charges bind existing owners and new owners of property.

Is the local land charge register the only register of matters affecting properties?

No. Searching the local land charge register is only a small part of the searches carried out by prospective buyers of properties in England and Wales.

Is the Ministry of Justice responsible for the law on local land charges in England and Wales?

No. It has responsibility in England only. The National Assembly for Wales is responsible in Wales. What is the cost to local authorities in England of their duties in relation to the local land charges register?

This has not been fully costed. However, some costs can be recovered through charges for some local land charge services. The cost of the recent withdrawal of the fee for a personal search of the local land charges register in England for the current year is being met by central government. The cost for 2011-12 to 2014-15 has been taken into account in the 2010 Spending Review settlement. The fee was withdrawn because it was incompatible with the Environmental Information Regulations, which require access to environmental information to be provided free of charge and most of the information on the register is thought to be environmental information. This accords with guidance issued by the Information Commission in 2009 and decisions of the Upper Chamber Tribunal in 2010.

Entry MOJ_045 – Section 325 Criminal Justice Act 2003

What is MAPPA?

Multi-Agency Public Protection Arrangements, or MAPPA, are a statutory set of arrangements operated by criminal justice and social care agencies that seek to reduce the serious re-offending behaviour of sexual and violent offenders and to protect the public. This is done by the sharing of information that will allow offenders to be effectively managed.

Which agencies are involved in MAPPA?

There is a duty on Police, Probation and the Prison Service, in each of the 42 Areas of England and Wales, acting as the Responsible Authority, to establish arrangements for the assessment and management of risk posed by specified sexual and violent offenders. In addition, a range of other agencies that have dealings with offenders are under a duty to co-operate with the Responsible Authority. These include:

- Local Authority Social Services
- Primary Care Trusts, other NHS Trusts and Strategic Health Authorities
- Jobcentre Plus
- Youth Offending Teams
- Registered Social Landlords who accommodate MAPPA offenders
- Local Housing Authorities
- Local Education Authorities
- Electronic Monitoring providers

Why are the MAPPA offenders?

There are three categories of offender eligible for MAPPA:

- **Registered sexual offenders (Category 1)** – sexual offenders who are required to notify the police of their name, address and other personal details and notify any changes subsequently.

- **Violent offenders (Category 2)** – offenders sentenced to imprisonment/detention for 12 months or more, or detained under hospital orders. This category also includes a small number of sexual offenders who do not qualify for registration and offenders disqualified from working with children.

- **Other Dangerous Offenders (Category 3)** – offenders who do not qualify under categories 1 or 2 but who currently pose a risk of serious harm, there is a link between the offending and the risk posed, and they require active multi-agency management.

**How does MAPPA work?**

Offenders eligible for MAPPA are identified and information is gathered/shared about them across relevant agencies. The nature and level of the risk of harm they pose is assessed and a risk management plan is implemented to protect the public. In most cases, the offender will be managed under the ordinary arrangements applied by the agency or agencies with supervisory responsibility. A number of offenders, though, require active multi-agency management and resources and their risk management plans will be formulated and monitored via MAPP meetings attended by various agencies.

**What do MAPPA provide?**

MAPPA provide better risk assessment and risk management planning. They provide a mechanism for agencies to work together when they are dealing with dangerous offenders. Drawing upon the expertise of the various agencies, MAPPA allow relevant offenders to be identified, information to be shared, risk assessments and actions plans to be agreed and for those action plans to be reviewed and amended as necessary. Work within MAPPA may result, for example, in increased police monitoring, special provision for victim protection, the provision of information to employers or schools/nurseries, close supervision and appropriate accommodation.

**How are offenders managed?**

There are three levels of management which are based upon the level of multi-agency co-operation required to implement the risk management plan effectively. Offenders will be moved up and down levels as appropriate:

- **Level 1 - Ordinary Management**: These offenders are subject to the usual management arrangements applied by whichever agency is supervising them. Information sharing between agencies, particularly between police and probation, should still take place but there will not be formal multi agency meetings.

- **Level 2 - Active Multi-agency Management**: The risk management plans for these offenders require the active involvement of several agencies via regular multi-agency public protection (MAPP) meetings.

- **Level 3 - Active Multi-agency Management**: As with level 2, but these cases additionally require the involvement of senior officers to authorise the use of special resources, such as specialised accommodation, and/or to provide ongoing senior management oversight. What is the role of the MAPPA Strategic Management Board? Senior representatives of each of the agencies involved in MAPPA form a strategic management board (SMB) which meets at least quarterly to monitor the arrangements and direct any necessary improvements. The SMB measure effectiveness against national MAPPA standards first introduced in October 2007 in order to ensure a common standard of effective public protection arrangements and that each of the agencies is playing a full part in MAPPA.

What do the lay advisors do? The responsible authority is required to appoint two lay advisers to sit on the SMB. The lay advisers act as independent yet informed observers; able to pose questions which the professionals closely involved in the work might not think of asking. They also bring to the SMB their understanding and perspective of the local community — where they must reside or have strong links.

Why include only those MAPPA offenders in the community? Work with offenders undertaken whilst in prison, and in preparation for release, is vital for addressing risk factors and for effective risk management in the community. This is the central aspect of the National Offender Management Service and the concept of 'end-to-end offender management'. However, the focus of the MAPPA annual reports is on the work carried out to ensure public protection from the risks posed by MAPPA offenders in the community.

Why are there 42 annual reports and 35 Probation Trusts? Since the creation of NOMS a number of former probation areas merged to become larger Probation Trusts. This means the number of probation areas has reduced from 42 to 35. MAPPA was established and organised to be consistent with Police boundaries which have remained unchanged at 42.

Entry MOJ_046 – Data Protection Act 1998

What is the European Union’s Data Protection Directive? The Data Protection Act 1998 (DPA) transposes the EU Data Protection Directive into UK law. This means that the DPA is based on a piece of EU legislation, which was agreed to by all EU Member States, and must be adopted by all of them.

Is the Data Protection law being reviewed? The current Directive was agreed in 1995. Viviane Reding, Vice-President of the European Commission responsible for Justice, Fundamental Rights and Citizenship, announced in March 2010 that she would bring forward a new legislative proposal for data protection. This was originally expected by the end of 2010 but is now anticipated in mid 2011.

What has the Government done in preparation for this review? Given the need to establish an evidence-based negotiating position for a new legal instrument, the Government launched a Call for Evidence on 6 July 2010, which closed on 6 October 2010. As well as inviting written responses to the published evidence paper, the Call for Evidence included workshops which took place from August to October. Representatives from Local Authorities, Government Departments, businesses, charities and consumer groups attended these workshops.

**Are there any emerging findings from the Call for Evidence?**

A total of 163 responses to the Call for Evidence were received. These came from individuals, and a wide range of organisations from the public, private and third sectors, including financial and retail businesses, healthcare organisations and consumer groups.

Many respondents considered that this was an opportune time to ensure that the current data protection framework is still fit for purpose, especially in light of the technological advancements of the last ten years.

The Government's response to the Call for Evidence is available to view at [www.justice.gov.uk/consultations/call-for-evidence-060710.htm](http://www.justice.gov.uk/consultations/call-for-evidence-060710.htm). The Government will use the evidence to inform its position for the forthcoming EU negotiations concerning a new data protection instrument that are due to start later in 2011, and will continue to work with interested parties to develop the UK's policy position.

**What is the Government’s position on the European Commission’s recent communication on a comprehensive approach on personal data protection in the European Union?**

The European Commission’s plans for a new legal framework for data protection provide a helpful opportunity to review the current framework. We welcome the detail the communication provides on the Commission’s intentions and will continue to work with the Commission and others on this important dossier. We expect a legislative proposal in mid-2011. The communication is available to view at [http://ec.europa.eu/justice/news/consulting_public/0006/com_2010_609_en.pdf](http://ec.europa.eu/justice/news/consulting_public/0006/com_2010_609_en.pdf). Crime and Disorder Act

What do the responsible authorities of Community Safety Partnerships do?

The six ‘responsible authorities’ which comprise Community Safety Partnerships (CSPs) have a statutory duty to work with other local agencies to reduce reoffending, tackle crime and disorder including anti-social behaviour and other behaviour adversely affecting the local environment as well as the misuse of substances in their area.

The partnership is required to involve the local community in gathering information to agree local priorities, to produce a strategy to meet those priorities and to share certain sets of depersonalised information with each other to allow patterns and trends to be tracked which help the identification of local priorities. CSPs take an evidence-based approach to identifying key local priorities for the area.

Who are the other responsible authorities of CSPs?

As well as local authorities, the responsible authorities are: the police; police authorities; fire and rescue authorities, local health boards (Wales), primary care trusts (England) and probation.

How many CSPs are there?

CSPs are organised along local authority boundaries at district level and unitary levels, with a county strategy group to oversee and co-ordinate in two-tier areas. As at 1 January 2011 there are 310 CSPs in England and 22 in Wales.

How are CSPs funded?

All CSPs are funded to some extent by mainstream agency funding from the responsible authorities. In England additional funding for community safety is provided through the Area Based Grant. It is for local areas to determine what proportion of the ABG they spend on community safety.

Do you have any evidence that a partnership approach leads to crime reduction?

Findings from a review published in 2010 of the international evidence on partnership working in a crime reduction context, on the whole show significantly better crime outcomes in areas where interventions have had partnership working as an integral element, than in comparison areas with no partnership working.

Issues such as domestic violence, drug abuse, arson and anti-social behaviour do not fall neatly into the remit of one agency but cut across the work of the police, local authorities, probation, the health service, the fire and rescue service and voluntary and community organisations. Practitioners tell us that partnership working is critical to keeping communities safe in a sustainable way, and that despite some of the challenges of working in partnership, it can be most effective when all partners are focussed on solving a specific problem. Can partnership working improve value for money and drive efficiency?

Partnership working to tackle crime issues can reduce duplication of effort, create a forum to develop innovative ideas and share what works, and present a single, co-ordinated response to the public. When all key players agree joint outcomes, and their roles in achieving those outcomes, it minimises the chance of something ‘slipping through the gaps’ and promotes collective accountability.

Partners can use shared information and intelligence to identify local issues, target resources more effectively, and thus improve service delivery, reduce crime and reduce the cost of crime to the tax payer.

The direct cost of running CSPs in England and Wales as a percentage of the total community safety and police budget is small. Findings from the review of international evidence suggest that even a modest effect on crime reduction through a partnership approach would produce a positive cost/benefit ratio.

Why do local authorities also have a ‘duty to consider crime and disorder implications’ as well as being ‘responsible authorities’ of CSPs?

The duty on local authorities, and other relevant authorities, to consider crime and disorder implications in the exercise of their functions is set out in Section 17 of the Crime and Disorder Act 1998. Section 17 recognises that there are key agencies who have responsibility for the provision of a wide range of services to and within the community and that the exercise of their functions may impact on crime and disorder in their area.

For example, local authorities need to consider the implications for crime and disorder when they made decisions about planning.

Section 17 sits alongside the duties of local authorities as ‘responsible authorities’ of CSPs, but requires local authorities to consider crime and disorder in all areas of their work, not just the work they are doing as part of the partnership. It helps to prevent crime and disorder by requiring authorities to consider implications of their decisions before they are implemented.

What does the requirement to share information mean?

CSP responsible authorities have a duty to share certain sets of depersonalised information as prescribed by the Secretary of State. The ‘Information Sharing Regulations’ prescribe these information types, the intervals at which such information must be disclosed and the form of such disclosure.

The Information Sharing Regulations require that certain sets of depersonalised information from police, fire and rescue authorities, Primary Care Trusts in England, Local Health Boards in Wales, local authorities and probation are shared on at least a quarterly basis.

The requirement ensures that partnerships have at least the minimum information necessary to identify priorities, map trends and patterns in crime and disorder and manage their performance.

The power to share information does not override the need to disclose in a proper manner, taking into account other statutory and common law constraints on disclosure, including data protection, human rights and the common law of confidence. We are currently reviewing the information sharing regulations to ensure they are up to date and fit for purpose. Further information about any changes to the regulations will be announced in the coming months.

**What do crime and disorder overview and scrutiny committees do?**

All local authorities in England and Wales are required under the Local Government Act 2000 to have an overview and scrutiny committee. In 2009 the provisions set out in the Police and Justice Act (2006) came into force to require local authorities to carry out overview and scrutiny in relation to crime and disorder matters.

The provisions require every local authority to have a crime and disorder committee with the power to review and scrutinise the functioning of the local CSP. Overview and scrutiny committees ensure CSPs are subject to proper scrutiny for performance through collective accountability.

Crime and disorder overview and scrutiny committees have the ability to co-opt people who are not councillors, to summon members of the council executive and officers of the authority to answer questions and to invite other people to attend meetings to give their views or submit evidence.

In April 2010 the Crime and Disorder Overview and Scrutiny Regulations were amended to remove restrictions on who can be co-opted to serve on the committee, thereby enabling the co-option of members of the public and community groups.

These regulations are currently being reviewed as part of the work to reduce unnecessary prescription for CSPs (see below).

**What impact have these overview and scrutiny mechanisms had?**

All local authorities have an overview and scrutiny function for a range of business areas and are therefore familiar with the process. The legislation around crime and disorder overview and scrutiny is currently stronger than scrutiny of other issues, and one of the key differences with other areas of scrutiny is that it is a collective scrutiny of the partnership (rather than of the individual agencies).

We do not monitor implementation directly as this is a tool for local areas to use to hold their local partnership to account, however examples of good practice gathered by the Centre for Public Scrutiny show that there are many instances where recommendations made by local authority scrutiny committees have enhanced partnership working between agencies and engagement with communities and delivering significant benefits for communities.

**There seem to be a lot of regulations for CSPs – are they all necessary?**

The Government has committed to removing some of the regulations for CSPs. The White Paper, ‘Policing in the 21st Century: Reconnecting police and the people’ set out the commitment to strip away unnecessary prescription and bureaucracy for CSPs, whilst retaining the core statutory duties on the key partners to work together.

The Home Office carried out an informal consultation with CSPs and key partners on the regulations for CSPs. The consultation in England took place between August - October 2010. Consultation on the regulations in Wales began in December 2010 and was completed in January 2011. Based on the findings of the consultation, we anticipate that we will recommend the repeal of certain regulations within the Crime and Disorder (Formulation and Implementation of Strategy) Regulations and the Crime and Disorder (Overview and Scrutiny) Regulations. Our intention in making these recommendations would be to free up partnerships to do thing differently and also to send a strong signal to CSPs that the Government recognises that local partners are best placed to decide how they should work together to achieve successful outcomes for their communities.

Further information about which regulations will be removed and the timing for this will be announced in the coming months.

**How will the new Police and Crime Commissioners work with CSPs?**

The link between CSPs and Commissioners will be significant in achieving local accountability and responding to local people’s views and priorities.

The Police Reform and Social Responsibility Bill contains proposals for introducing directly elected Police and Crime Commissioners (PCCs) to make the police more accountable to local people. The Bill also contains proposals for how CSPs will work with PCCs to respond to community safety priorities. These include:

- A reciprocal duty to co-operate on the Commissioner and responsible authorities of CSPs in achieving crime reduction outcomes.
- PCCs will be able to require reports from CSPs about issues of concern.
- PCCs will be empowered to bring a representative of any or all CSPs in their area to discuss priorities or particular issues.
- PCCs will also be able, on application of the CSPs concerned, to merge CSPs. The Home Secretary’s consent would be required where this would cross a force boundary.
- PCCs will be able to commission community safety work. The could be from a range of local partners which may include CSPs.

**Borders and immigration**

**Citizenship ceremonies**

The Nationality, Immigration and Asylum Act 2002 included provisions which required all applicants over the age of 18 who were naturalising or registering as British citizens to take a citizenship oath and pledge at a citizenship ceremony. The aim of this was to enhance the significance of the acquisition of British citizenship.

- The format of the ceremony was agreed following a 12 week consultation exercise and discussions with representatives of local authorities and registration officers in England, Wales and Scotland, and the Northern Ireland Office. Advice was also sought from the Advisory Group on Life in the UK, chaired by Professor Sir Bernard Crick.

- The first ceremony was held in Brent on 26 February 2004.

- In England and Wales, the ceremony, and oath and pledge are administered by a Registrar; in Scotland, Registrars for Scotland. These are statutory officers who carry out duties prescribed by law. Registrars are well placed to deliver citizenship ceremonies as they already have the experience and expertise in providing similar services.

- Local Authorities are asked to consider how local flavour might be included in their citizenship ceremonies. This means that new citizens can be welcomed into the local community.

- The oath and pledge is the key element of the citizenship ceremony, and the point at which citizenship is legally conferred.

- Citizenship ceremonies are well received by those attending.